This chapter is adopted under the authority granted by § 62.234,
Wis. Stats. This chapter supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats. § 62.23, Wis. Stats.,
applies to this chapter and to any amendments to this chapter.

It is the purpose of this chapter to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the City of Burlington.

A construction site on which one or more land disturbing construction
activities occurs, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land
disturbing construction activities may be taking place at different
times on different schedules but under one plan. A long-range planning
document that describes separate construction projects, such as a
twenty-year transportation improvement plan, is not a common plan
of development.

Notwithstanding the applicability requirements in Subsection A(1)(a), this chapter applies to construction sites of any size that, in the opinion of the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.

A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Title 40, Code of Federal Regulations,
Part 122, for land-disturbing construction activity.

Jurisdiction. This chapter applies to land-disturbing construction
activities on lands within the boundaries and jurisdiction of the
City of Burlington, as well as the extraterritorial division of land
subject to an ordinance enacted pursuant to § 236.45(2)
and (3), Wis. Stats.

Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.

An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.

The creation from one parcel of two or more parcels or building
sites of one or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.

That all land-disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.

Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.

A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all the following
criteria:

A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that.

Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.

Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates to the City
Engineer's satisfaction that a performance standard is not achievable
and that a lower level of performance is appropriate. In making the
assertion that a performance standard is not achievable and that a
level of performance different from the performance standard is the
maximum extent practicable, the responsible party shall take into
account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.

For this chapter, average annual basis is calculated using the
appropriate annual rainfall or runoff factor, also referred to as
the R factor, or an equivalent design storm using a type II distribution,
with consideration given to the geographic location of the site and
the period of disturbance.

Note to users: The USLE, and its successors RUSLE and RUSLE2, utilize
an R factor which has been developed to estimate annual soil erosion,
averaged over extended time periods. The R factor can be modified
to estimate monthly and single-storm erosion. A design storm can be
statistically calculated to provide an equivalent R factor as an average
annual calculation.

Alternate requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed for sensitive resources.

Plan. A written plan shall be developed in accordance with § 148-10, and implemented for each construction site. Note to users: The written plan may be that specified within § NR 216.46, Wis. Adm. Code, the erosion control portion of a construction plan or other plan.

Erosion and sediment control practices. Erosion and sediment control
practices at each site where land disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:

The use, storage and disposal of chemicals, cement and other compounds
and materials used on the construction site shall be managed during
the construction period, to prevent their entrance into waters of
the state. However, projects that require the placement of these materials
in waters of the state, such as constructing bridge footings or BMP
installations, are not prohibited by this subsection.

No person shall be required to employ more BMPs than are needed to
meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this subsection. Credit may be given toward
meeting the sediment performance standard of this subsection for limiting
the duration or area, or both, of land disturbing construction activity,
or for other appropriate mechanisms.

Notwithstanding Subsection D(1), BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 148-8B.

Alternate requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed for sensitive resources.

Permit required. No responsible party may commence a land-disturbing
construction activity subject to this chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City Engineer.

Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 148-10 and shall pay an application fee as determined on the permit application form to the City of Burlington Building Inspector. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan. Fees will double for any land disturbance activities requiring a permit beginning prior to receiving a permit.

Review and approval of permit application. The City Engineer shall
review any permit application that is submitted with an erosion and
sediment control plan, and the required fee. The following approval
procedure shall be used:

Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the City Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.

The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
10 business days from the date the additional information is received
to inform the applicant that the plan is either approved or disapproved.

Failure by the City Engineer to inform the permit applicant
of a decision within 10 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.

Surety bond. As a condition of approval and issuance of the permit,
the City Engineer may require the applicant to deposit a surety bond
or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion control plan and any permit conditions.

Inspect the BMPs within 24 hours after each rain of 0.5 inch or more
which results in runoff during active construction periods, and, at
least once each week, make needed repairs and document the findings
of the inspections in a site erosion control log with the date of
inspection, the name of the person conducting the inspection, and
a description of the present phase of the construction at the site.

Allow the City Engineer to enter the site for the purpose of inspecting
compliance with the erosion and sediment control plan or for performing
any work necessary to bring the site into compliance with the control
plan. Keep a copy of the erosion and sediment control plan at the
construction site.

Permit conditions. Permits issued under this section may include conditions established by the City Engineer in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 148-8.

Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The City Engineer may extend the period one or more times
for up to an additional 180 days. The City Engineer may require additional
BMPs as a condition of the extension if they are necessary to meet
the requirements of this chapter.

Maintenance and removal. The responsible party throughout the duration
of the construction activities shall maintain all BMPs necessary to
meet the requirements of this chapter until the site has undergone
final stabilization. The responsible party shall remove all erosion
control devices upon stabilization of disturbed areas. Minor restoration
may be required within areas of BMP removal at the responsible parties'
costs.

The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:

The name(s) and address(es) of the owner or developer of the
site, and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm.
The application shall also include start and end dates for construction.

A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.

The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed two feet.

Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year floodplains,
flood fringes and floodways shall also be shown.

Each erosion and sediment control plan shall include a description
of appropriate controls and measures that will be performed at the
site to prevent pollutants from reaching waters of the state. The
plan shall clearly describe the appropriate control measures for each
major activity and the timing during the construction process that
the measures will be implemented. The description of erosion controls
shall include, when appropriate, the following minimum requirements:

Description of interim and permanent stabilization practices,
including a practice implementation schedule. Site plans shall ensure
that existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.

Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the City Engineer, structural measures shall be installed
on upland soils.

The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.

Note to users: The plan requirements of this subsection will
meet the erosion control plan requirements of § NR 216-46,
Wis. Adm. Code, when prepared in accordance with good engineering
practices and the design criteria, standards and specifications outlined
in the Wisconsin Construction Site Best Management Practice Handbook
(WDNR Pub. WR-222 November 1993 Revision).

Erosion and sediment control plan statement. For each construction site identified under § 148-4A(1), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the chapter, including the site development schedule.

There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.

The fees referred to in other sections of this chapter shall
be established by the City Administrator and may from time to time
be modified by resolution. A schedule of the fees established by the
City Administrator shall be available for review with the Building
Inspector at City Hall.

If land-disturbing construction activities are being carried
out without a permit required by this chapter, the City Engineer may
enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.

Note to users: The City Engineer shall inspect any construction site
that holds a permit under this chapter at least once a month during
the period starting March 1 and ending October 31 and at least two
times during the period starting November 1 and ending February 28
to ensure compliance with the approved sediment and erosion control
plan.

If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the City
Engineer may revoke the permit.

If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.

After posting a stop-work order under Subsection A, the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by the City of Burlington, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Sub Ch. VII of Ch. 66, Wis. Stats.

Any person violating any of the provisions of this chapter shall
be subject to a forfeiture of not less than $10 nor more than $500
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.

Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings. Note to users: lnjunctional orders are
authorized pursuant to § 59.69(11), 61.35, or 62.23(8),
Wis. Stats., for counties, villages and towns with village powers,
and cities respectively.

Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this chapter except for cease-and-desist orders obtained under § 148-13C.

Upon appeal, may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of the
chapter will result in unnecessary hardship; and

Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau of
the City of Burlington affected by any decision of the City Engineer.

If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the chapter shall remain in force and not be affected
by such judgment.